Statutes

(Law nr. 31/87, dated from the 9th of June, modified by Decree-Law nr. 89/88, dated from the 10th of March; by Decree-Law nr. 423/88, dated from the 14th November; by Decree-Law nr. 243/91, dated from the 6th of July; by Decree-Law nr. 241/96, dated from the 17th December; by Decree-Law nr. 214/2005, dated from the 9th November and by Law nr. 13/2009, dated from the 1st April)

 

Article 1 National Council of Education
Article 2 Competences
Article 3 Composition
Article 4 Taking office
Article 5 Duration of the mandate
Article 6 Vacancies
Article 7 Irremovability and mandate loss
Article 8 Immunities
Article 9 Regulations
Article 10 Coordinating committee
Article 10 - A Administrative Council
Article 11  Rights and guarantees
Article 12 Support services
Article 12 - A Responsibilities of the secretary-general
Article 13 Functioning regime
Article 14 Meetings
Article 15 Quorum and resolutions
Article 16 Specialised committees
Article 17 Responsibilities of the President
Article 18 Responsibilities of the coordinating committee
Article 19 Information rights
Article 20 Statements
Article 21 Advertisement of acts
Article 22 Reports of activities
Article 23 Financial expenses and facilities
Article 24 Service equivalence
Article 24 - A Agreements and contracts
Article 25 Beginning of functions
Article 26 Extinction of the CNAEBA and the Council for the Freedom of Education
Article 27 Revocatory norm

 

Article 1
National Council of Education

 
The present law regulates the composition, competencies and working regime of the National Council of Education, henceforth referred to as the Council.
1. The Council is an entity with consulting functions and should enable the participation of the different social, cultural and economic forces in the search for a wide consensus when it comes to education policy, while respecting the competencies of the organs of sovereignty.
2. The Council is an independent entity which operates close to the Ministry of Education, through being endowed with administrative and financial autonomy.
3. The Council has Administrative Council, with auditing and control functions over matters related to financial and patrimonial management.

 Article 2
Competencies

1.    The National Council of Education is responsible for issuing opinions, statements and recommendations on all questions related to education, either on its own initiative or following requests made by the Portuguese Parliament and by the Government, namely:

a)       Democratisation of the education system
b)       Structure of the education system
c)       Success of education and schooling
d)       Compulsory education
e)       Fighting illiteracy
f)        Adult basic education and educational dissemination
g)    Recurrent education
h)   E-learning
i)     Study plans
j)     Curricula and syllabi
l)     Frequency, evaluation and certification
m)   Educational and Vocational counselling
n)    School management system
o)    Creation, organisation and restructuring of Universities
p)    Access to higher education
q)    Teacher career
r)       Decentralisation of services and regionalisation of the education system
s)    General criteria for the school network
t)     Freedom to teach and to learn
u)    Private and cooperative education
v)    Vocational training
x)    Multi-annual investment plans
z)    Annual education budget
aa)Assessment of the education system

2. The Council is also responsible for:

a)       publishing reports, opinions or other works issued or carried out within the scope of its competencies
b)       approving the yearly plan of activities and respective report
c)              approving the budget plan
d)              Approving the internal Regulations

3.    In fulfilling the competences described in the item above and in order to endow the Council with functionality, it is the responsibility of the coordination committee to define the respective priorities.

4. Specifically, it is the responsibility of the Council to monitor the enforcement and development of the Bases for the Education System, Law nr. 46/86, dated October 14, namely of its article 59th, nr. 1 as well as to issue an opinion on the proposal for the development plan of the education system, foreseen in article 60th of the mentioned Bases.

Article 3
Composition

1. The National Council of Education has the following composition:

a) One President, elected by the Portuguese Parliament by overall majority of its effective members
b)           one representative of each Parliamentary Group, appointed by the Portuguese Parliament
c)           seven members appointed by the Government
d)           a member appointed by each of the Regional Parliaments of Madeira and the Azores
e)     a member appointed by each of the Administrative Regions
f)              two elements appointed by the National Association of Portuguese Municipalities
g)           two elements appointed by the public Universities
h)   One element appointed by the public polytechnic schools
i)    Two elements appointed by the non-higher education schools
j)    Two elements appointed by the labour unions' organisations
l)    Two elements appointed by employer organisations
m) Two elements appointed by the parents associations
n)   Two elements appointed by the teachers’ labour unions
o)   Three elements appointed by the students’ associations, in which one is a representative of secondary education and two represent higher education institutions, and of these, one representing the polytechnic schools and the other representing the universities
p)   One element appointed by the worker-students’ associations
q)   Two elements appointed by the scientific associations
r)    Two elements appointed by the pedagogic associations
s)   Two representatives of the foundations and cultural associations
t)    Two elements appointed by the private and cooperative schools, in which one representing higher education and the other representing non-higher education
u)   Two representatives of the National Youth Council
v)   One element appointed by denominational organisations
x)   Seven elements co-opted by the Council who are acknowledged by their outstanding scientific and pedagogic merit, by overall majority of effective members
z)    One representative of the Academia das Ciências de Lisboa (Lisbon Academy of Science)
aa) One representative of the Academia Portuguesa da História (Portuguese Academy of History)
bb) one representative of the Sociedade Portuguesa das Ciências da Educação (Portuguese Society of Education Sciences)
cc) one representative of women non-governmental organisations
dd) one representative of the Conselho Nacional de Profissões Liberais (National Council of Liberal Professions)
ee) one representative of the social solidarity organisations
ff)    one representative of the Instituto Nacional de Administração (National Institute of Administration)
gg) one representative of the Instituto do Emprego e Formação Profissional (Employment and Vocational Training Institute)
hh) one representative of the vocational schools
ii)   One representative of the Conselho dos Laboratórios Associados (CLA) (Council of Associated Laboratories)
2. The appointment of the above mentioned members must take into account the relevance of the interests they represent as well as the competencies of the National Council of Education.

 Article 4
Taking office

 1. The President of the Council takes office before the President of the Portuguese Parliament within 8 days after the election.

2. The Council members take office before the President of the Council.

Article 5
Duration of the mandate

1. Council members are appointed for a four year renewable period.

2. Council members will have a mandate coinciding in terms of time with that of the organs they represent, when applicable unless they lose the quality of the title with which they were appointed.

3. The Council members’ mandate is considered as extended until a formal written communication with the respective successor is received within a maximum of 6 months.

4. Council members may request the suspension of their mandate, for which they have to present to the president the reasons of such request.

5. During the period of suspension, which can be no more than six months in each mandate, the respective functions will be carried out by a legal substitute, in case there is one, or by whoever is appointed for such purpose, through a similar process as the one adopted for the appointment of the suspended member.
 

Article 6
Vacancies 

Vacancies that may arise during the functioning of the Council are filled through a similar process as the one adopted for the appointment of the member to be replaced.

Article 7
Irremovability and mandate loss

1. Council members are irremovable and can not cease functions before the end of their mandates, except in the following cases:

a)     death or permanent physical impairment
b)           resignation
c)           loss of the mandate
2. Members may lose their mandate in case they:
a)     are convicted through a legal sentence incompatible with the exercise of their mandate, according to the terms of the sentence which was applied
b)           repeatedly miss meetings
c)           Are not recognised any longer by the entities they represent, which report this fact in writing, to the President
3. Any mandate loss, except for what is stated in the paragraph a) above, is declared by the Council, by a 2/3 majority of the effective members, while duly safeguarding the corresponding guarantees of defence.

Article 8
Immunities

Council members are disciplinarily not responsible for the votes and opinions that, within the scope of competencies of this entity, they may have issued in the exercise of their functions.

Article 9
Regulations

The Council prepares and approves its own regulations, which must be published in the 2nd series of the Officia Journal of the Portuguese Republic.

Article 10
Coordinating committee

1. The Council has a Coordinating committee, with the following composition:

a)        The President;
b)               The coordinators of the Permanents Specialised Committees created by the Council’s regulations, elected by secret vote of the Council members, by overall majority of the effective members;
c)               The secretary-general.
 
2. In case of absence or impediment, the President is supplied by one of the coordinators of the Permanent Specialised Committees to be appointed by the President, while the external representation of the Council may be empowered on any Council member or on the secretary-general, according to the President’s indication.
3. It is the responsibility of the coordinating committee to carry out all internal acts required for the dynamics of the Council’s activities
4. The monthly wage of the President of the National Council of Education corresponds to the monthly basic wage of a Rector of a public university.

Article 10-A
The Administrative Council

1. The Administrative Council has the following composition: 

a)       The president of the National Council of Education, who chairs;
b)               The secretary-general of the National Council of Education;
c)              A member of the staff of the technical and administrative department, appointed by the president, following proposal by the secretary-general,

1. The Administrative Council is responsible for:

a)        Approving the private budgets of the National Council of Education;
b)       Promoting the organisation of the accounting system and checking its statutory records;
c)       Monitoring the Council and ensuring the proper management of the Council’s finances and assets;
d)       Controlling the collection of revenues and providing for its legal deposit;
e)       Checking that all expenses are legal and authorising their payment;
f)        Issuing reports on the acceptance of inheritances, legacies and donations;
g)       Providing for the regular verification of the amounts in the safe and in the bank;
h)   Deciding on the amount of cash-flow to maintain;
i)   Approving the management account, to be submitted annually to the Court of Auditors.
3. Secretarial work of the administrative Council is ensured by a clerk appointed by the President, based on a proposal by the secretary-general.
4. The resolutions of the administrative Council are valid only if taken in a meeting in which the majority of its members are present.
5. The resolutions of the administrative Council are taken by majority of the votes of the members present, and in case of tie the president’s vote is considered a tie-breaker.

6. The administrative Council’s members are jointly responsible for the resolutions taken, except in cases when they are not present or, if they were present, when they express their losing vote statement and it is duly written in the minutes.

7. From each meeting minutes shall be written, duly signed by the president as well as by the remaining members present.
8.  In case of absence or impediment, Council members are replaced in the following way: 
a)       The president, by a member of the coordinating committee, he himself appoints;
b)       The secretary-general, by a member of the technical and administrative department to be appointed by the president
c)       The clerk referred to in paragraph c) of nr. 1 above will be replaced in the way foreseen for his/her appointment.

Article 11
Rights and guarantees

1. While serving the Council, should Council members be absent from their places of residence, they shall receive an allowance for transportation expenses as well as daily allowances, according to the general law.

2. Council members are released from their ordinary duties, either public or private, whenever actually carrying out their functions.
3. All absences from work by Council members when carrying out their respective functions are considered as justified for all intents and purposes.
4. No disadvantage may arise from Council members’ exercise of their mandates either in terms of their position, or social benefits or even in their permanent job.

Article 12
Support services

1.   The Council has its own technical and administrative department, working under the secretary-general

2.   It is the departments’ responsibility to support the Council’s activities, namely technical activities, information, documentation, secretariat, accounting, current affairs and archive.

3.   The staff required for the proper functioning of the department is appointed by an Order of the Ministry of Education, based on a proposal by the Council’s president, after having heard the secretary-general, and chosen among the permanent staff of the Ministry of Education.

4.   The Council has a secretary-general, that for all legal purposes is at the same level as a director-general , to be appointed from the higher technical staff of the Public Administration in a category not inferior to that of assessor.
 

Article 12-A
Responsibilities of the Secretary-general

1. The responsibilities of the secretary-general include:

a)        Coordination and management of the technical and administrative department;
b)                  Supporting the president in the exercise of his functions;
c)                  Ensuring the secretarial work for the Council, preparing brief reports of all meetings, and monitoring the development of all processes and respective opinions and recommendations,
d)                  Authorising, in the legal terms in force, the realisation of all necessary expenses for the appropriate functioning of the Council, up to the limits defined by the general managers;
e)        Submitting for decision by the Council’s president all matters that require superior resolution;
f)          Preparing the Council’s meetings, in which the secretary-general takes part with no voting rights, as well as in meetings of the coordinating committee, notwithstanding what is stated in paragraph c) of nr. 1 of article 10 above;
g)        Researching and promoting measures related to the collection, organisation and updating of documents and other necessary elements for the development of the Council’s activities;
h)        Dealing with and disclosing, nationally and internationally , all documentation and technical information related to the Council’s competencies, namely before similar institutions;
i)          Ensuring the preparation of budget proposals, of the management accounts and of the activities reports, while monitoring its execution;
j)          Carrying out any other competencies delegated by the president of the Council
 
2.   In order to carry out the tasks identified in the present document or others that may be defined by the president, the secretary-general may correspond directly with services and public entities and with any other public or private entities.

Article 13
Functioning regime

The Council functions in plenary and in permanent or occasional specialised committees.

Article 14
Meetings

1.     The Council’s plenary convenes for ordinary and extraordinary sessions.

2.     The ordinary sessions take place every 3 months, for which the date, time and venue are defined by the president.

3.     Extraordinary sessions are held under the president’s initiative or when requested by at least one third of the Council members.

Article 15
Quorum and deliberations 

1.     Plenary sessions are effective whenever the majority of the members are present, among which the president or a member of the coordinating committee assigned by the president to replace him/her.

2.     Resolutions are taken by simple majority, in which the president’s vote is considered the casting vote.

Article 16
Specialised Committees 

1.     The Council may, under the terms of the regulation, create permanent or occasional specialised committees.

2.     To the committees may be added, by resolution of the Council, persons holding outstanding competencies in the matters being handled.

3.     To the personalities referred to in the preceding item, are applicable the provisions of Article 11.

Article 17 
Responsibilities of the President 

The president is responsible for:
 
a)    Representing the Council;
b)    Convening and chairing all plenary meetings, as well as the specialised committees in which he/she takes part;
c)     Chairing the coordinating committee;
d)    Under the legal terms in force, to resolve on the necessary expenses for the appropriate functioning of the Council’s activities, up to the limits defined by the managing boards of the services endowed with financial and administrative autonomy;
e)    Present the Council’s draft budgets to the Minister of Education;
f)      Provide the preparation of a plan of activities and respective reports, as well as the private budgets of the Council;
g)    Under the terms of the general law, to authorise the outsourcing of services or tasks;
h)    To propose the acceptance of legacies, grants and offers, under the legal terms in force;
i)      Exercise any other competencies delegated by law.

Article 18
Responsibilities of the Coordinating committee

The coordinating committee carries out its functions with non permanent character, in which it has to support the president, namely in the preparation of the Council’s activities plan and in monitoring its execution.

Article 19
Information Rights  

The Council may request from any public or private entities all information it may consider as indispensable for the fulfilling of its functions.

Article 20
Statements

1.     Files are distributed by the president, after having heard the coordinating committee, to a Council member appointed as the raporteur.

2.     The raporteur should prepare, within the deadline defined by the president, a draft statement, which, should generally be previously analysed by the respective permanent or occasional specialised committee.

3. The final draft statement should be submitted for the approval of the Council’s plenary.

Article 21
Advertisement of Acts

1.     Statements and recommendations from the Council, including losing vote statements, should be properly advertised, namely through their publication in the 2nd series of the Journal of the Portuguese Republic (Diário da República), whenever the Council so determines.

2.     At the end of each meeting a brief report should be prepared, containing the essence of all proposals presented and conclusions thereof, to be distributed to the media.

Article 22
Reports of Activities

The Council should prepare an yearly report of its activities, to be published in the 2nd series of the Journal of the Portuguese Republic (Diário da República).

Article 23
Financial expenses and facilities 

1.     Financial expenses resulting from the Council’s functioning, including the support services, are supported by its own budget, with a provision foreseen in the budget of the Ministry of Education, under proposal of the Council. 

2.     The Council’s revenue include:
a)       The amount allocated by the State Budget, registered for that purpose in the budget of the Ministry of Education;
b)       Interests earned from deposited amounts;
c)       Revenues from the sale of its publications;
d)       Copyright;
e)       Revenues from services rendered to any public or private entities;
f)         Revenue from assets it holds at any title;
g)       Subsidies, allowances, inheritances, donations and legacies granted by any entity;
h)       Any other revenues that by law, under contracts or by any other means are awarded to the Council.
 
3.     The Council’s expenses include:
a)       The expenses resulting from the normal functioning of its activities;b)       The expenses resulting from the acquisition, repair and conservation of movable and immovable assets allocated to the Council.
 
4.     It is due to the Ministry of Education to endow the Council with the appropriate facilities for its proper functioning.

Article 24
Service equivalence

1.     Any service rendered to the Council by its members, namely by those of the coordinating committee, is equivalent, for all purposes, to the effective service of its own functions, being however, suspended for this purpose and for the exact same measure, from the duties inherent to this exercise. 

2.     The staff referred to in nr. 3 of Article 12 could be still appointed, in displacement regime or under request, from workers or agents of the Public Administration or from workers of public companies or private entities, under the legal terms in force.
 
3.     To the workers or agents of the Public Administration referred in the preceding item are not applied the fixed deadlines defined in the general law for displacement or request.
 
4.     Service rendered for the Council is considered, for all purposes, as an effective exercise of functions in one’s original service.
 
5.     To the staff that has secretarial functions for the president, applies the provision of Article 35 of the Decree-Law nr. 248/85, dated from the 15th of July, independently from the existence or not of a bond with the public sector, while in this case the remuneration is defined by the president, according to the academic qualifications of the nominee.
 
6.     The allowance referred to in nr. 1 of Article 11 above corresponds to the highest level defined in the table for public servants.
 
7.     To the committee members and to the personalities referred to in paragraphs 1 and 2 of Article 16, the preceding number (6) is to be applied.
 
8.     Participation in plenary meetings or in specialised committees grants the right to receive vouchers of presence according to an amount to be defined by a joint Order of the Ministries of Finances and Education.
 
9.     The preceding number is not applicable to the President and to the Secretary-general.
 
10.The Council may have a permanent staff approved by a joint Decree of the Ministries of Finances and Education, which will be added to the permanent staff of the Ministry of Education.

Article 24-A 
Agreements and Contracts

1.     The Council may, according to the terms of the applicable legislation, establish relationships and hold contracts and other agreements with any national and foreign entities, or international organisations, both public and private, with the purpose of optimising its resources and developing its attributions and competencies.

2.   The Council may still, under the terms of the general law, rely on the outsourcing of services or tasks, in which case the staff hired or requested for such purpose shall be covered by the general regime of the social protection.

Article 25
Beginning of Functions

1.     After taking office, the Council’s president has eight days to adopt the necessary measures for rapidly setting up and starting up the functions of the Council. 2.   The Council should be all set up within 90 days after the approval of the present law and should start its functions within the following 90 days, as long as half of its members are already appointed.

Article 26
Extinction of the CNAEBA and of the Council for the Freedom of Education

1.     With the beginning of functions of the Council, the Council for National Literacy and Adult Basic Education (CNAEBA), and the Council for the Freedom of Education, created respectively by Law nr. 3/79, dated from the 10th of January and Law nr. 65/79, dated from the 4th of October, become extinct. 2.    The competencies attributed to the Councils referred to in the preceding number will now be transferred to the National Council of Education.

Article 27
Revocatory Norm

All legislation contradicting the present law, namely Decree-Law nr. 375/83, dated from the 8th of October, and Article nr. 5 of Decree-Law nr. 3/87, dated from the 3rd of January, are hereby revoked.